"board proceeding" means a proceeding that was brought by filing a Form
A or other application with the board under section 2 of the Expropriation Procedure
Regulation before March 18, 2005;

"compensation action" means

(a) a proceeding brought under subrule (7) or (10),

(b) a proceeding in which an included claim is made, or

(c) an unset board proceeding that is deemed to be a compensation action under
subrule (12) or (15);

"compensation decision" means a determination under section 26 (1) of
the Act, and includes a determination of the entitlement to, and the scale of, the costs
that are or may be payable in relation to the proceeding in which the determination is
made;

"compensation hearing" means a hearing for the purpose of arriving at a
compensation decision, but does not include

(2)The court may, if the court considers it just and convenient to do so, do one or
both of the following in relation to a compensation action:

(a) extend or shorten any period of time provided for in this rule or in an order of
the court, whether or not the application for the extension or the order granting the
extension is made after the period of time has expired;

(b) on application and if all parties to the compensation action agree, order that
any provision of this rule does not apply to the compensation action.

(8)A person who files a notice of civil claim under subrule (7) must serve that
pleading on the defendants within 10 days after the date on which the notice of civil
claim was filed or within such longer period as the court may order.

(9)If a person who is entitled to claim compensation under an enactment referred to
in the definition of "included claim" does not make a claim for that
compensation within 60 days after the right to make that claim first arises, the
expropriating authority against whom the claim may be made may seek an order of the court
to determine the amount of compensation to which the person is entitled.

(10)An expropriating authority wishing to obtain a determination under subrule (9)
must file in a registry of the court a notice of civil claim and, for that purpose, the
pleadings may claim, as the relief required, a determination of the amount of
compensation, if any, to which the person referred to in subrule (9) is or may be
entitled.

(13)For the purposes of Rule 11 (6) of the Supreme Court Rules as it relates to a
compensation action referred to in subrule (12), until a new address for delivery is
provided for a party in the compensation action under the Supreme Court Rules, the party
is deemed to have, as an address for delivery in the compensation action, the address set
out for that party on the latest document that

(a) was filed by that party with the board in relation to the board proceeding,
and

(14)If no Form B had been filed with the board in a board proceeding that has been
deemed to be a compensation action under subrule (12), a person on whom a copy of the
filed request is served under subrule (11) (d) (i) who wishes to respond to or defend
against one or more of the claims in that compensation action must

(a) file and serve on the plaintiff in the compensation action a response to civil
claim and any counterclaim with 21 days after the service of the filed request, and
Rules 3-3 and 3-4 of the Supreme Court Civil Rules, other than Rules 3-3 (3) and 3-4 (4)
(a), apply, and

(b) include in the response to civil claim that person's address for
service.

(15)Subrules (11) to (14) apply to an in-progress board proceeding as if it were an
unset board proceeding if the board has not, by December 31, 2005, completed all of the
hearings necessary to allow it to render its compensation decision in the
proceeding.

(16)Subject to subrules (17) and (18), if legal costs are payable to a party to a
compensation action, those legal costs must be assessed as party and party costs under
Appendix B of the Supreme Court Rules, and Rule 57 of those rules, other than Rule 57 (1),
(3), (5) and (10), applies.

(18)If real estate appraisal costs are payable in relation to a board proceeding or in
relation to a compensation action brought under subrule (7) or (10), those costs must be
assessed,

(a) if the costs were incurred before June 28, 1999, under section 45 (7) (a) of the
Act,

(b) if the costs were incurred on or after June 28, 1999 in an in-progress board
proceeding, under the Tariff of Costs Regulation, B.C. Reg. 189/99, and

(c) if the costs were incurred

(i) in an unset board proceeding, or

(ii) in a compensation action brought under subrule (7) or (10),

under the Expropriation Proceeding Costs Regulation.

Form 1

[am. B.C Reg. 150/2010, s. 2.]

REQUEST TO TRANSFER PROCEEDINGS TO THESUPREME COURT

PART 1

..........................[name].........................., the
Claimant/Respondent in Expropriation Board Proceeding .......................... v.
.........................., Expropriation Compensation Board File #
.........................., requests that the Deputy Attorney General transfer all of the
Expropriation Compensation Board's files relating to the above noted proceeding, along with
a completed version of this form, to the
..................................[location]..........................
Registry of the Supreme Court of British Columbia.

The following is to be completed by the Deputy Attorney General or
designate

...................................................................................
Date files sent out

........................................................................................................
Signature of Deputy Attorney General or designate.

PART 2

The files relating to Expropriation Board proceeding ..........................
v. .........................., Expropriation Compensation Board File
#.........................., have been accepted for filing at the
..................................[location]..........................Registry
of the Supreme Court of British Columbia at
..................................[address]...................................

As a result of the receipt and acceptance of those files, the proceeding is
deemed, under the Compensation Action Procedure Rule, to be a compensation action within the
meaning of that rule and will continue as an action in the Supreme Court with the following
style of proceedings:

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Between

Plaintiff(s)

and

Defendant(s)

Subject to the Compensation Action Procedure Rule

.......................................................................
Date of receipt of files.

As a result of the transfer of the files relating to above-noted Expropriation
Compensation Board proceeding, the proceeding is deemed to be a compensation action and the
Compensation Action Procedure Rule and the Supreme Court Civil Rules now apply to that
action in the manner set out in the Compensation Action Procedure Rule.

If you have filed a Form B with the Expropriation Compensation Board in response
to the above noted Expropriation Board proceeding, the Form B is deemed to be the response
to civil claim in the compensation action and you are now deemed be a defendant in that
compensation action.

If you have not filed a Form B with the Expropriation Compensation Board in
response to the above noted Expropriation Board proceeding, you must, if you wish to respond
to or defend against one or more of the claims made in that proceeding,

(a) file and serve on the plaintiff in the compensation action a response to
civil claim and any counterclaim within 21 days after being served with this Request, and
Rules 3-3 and 3-4 of the Supreme Court Civil Rules, other than Rules 3-3 (3) and 3-4 (4) (a)
apply, and